A prominent Democratic congressman's bid to become the next Governor of California has been thrown into doubt by a legal challenge alleging he does not actually live in the state. US Representative Eric Swalwell, a vocal critic of former President Donald Trump, is facing a lawsuit that claims he fails to meet the constitutional residency requirement for the office.
The Core Allegation: A Washington Mansion vs a Sacramento Office
The lawsuit, filed by conservative activist and filmmaker Joel Gilbert in Sacramento County, centres on Article V of the California Constitution. This mandates that a gubernatorial candidate must have been a resident of the state for the five years immediately preceding the election. Gilbert's petition asserts that Swalwell's true residence is a $1.2 million, six-bedroom mansion in Washington, D.C., which he shares with his wife, Brittany Watts, and their three children.
According to the complaint, this property was listed as the couple's 'principal residence' on mortgage documents dated 18 April 2022. Gilbert further claims that public record searches reveal no current ownership or leasehold interest held by Swalwell in California, a point bolstered by the congressman's own financial disclosures from 2011 to 2024, which reportedly list no California real estate.
In contrast, Swalwell's Candidate Intention Statement, filed on 4 December, lists his address as a business suite in a high-rise on Capitol Mall in Sacramento. Gilbert alleges this address is not a residence but the office of Swalwell's campaign attorneys, constituting a 'material representation' on a form signed under penalty of perjury.
A Political Figure Under Scrutiny
Eric Swalwell, 45, has represented a San Francisco Bay Area district in Congress since 2012 and is considered a frontrunner in the race to succeed Governor Gavin Newsom. He announced his candidacy on Jimmy Kimmel Live! on 20 November, garnering endorsements from left-wing celebrities.
His political career has not been without controversy. He was removed from the House Intelligence Committee in 2020 following reports about his past contacts with an alleged Chinese intelligence operative, Christine Fang. A subsequent ethics probe resulted in no further action.
Gilbert, a registered California voter known for political documentaries, is now seeking a court order to prohibit California Secretary of State Shirley Weber from certifying Swalwell as a candidate. He argues that failing to disqualify Swalwell would cause 'irreparable harm' to voters and 'undermine ballot integrity'.
'Eric Swalwell has no California address,' Gilbert told the Daily Mail. 'So either he's guilty of mortgage fraud in Washington, DC, or he's ineligible to run for Governor of California, he can't have it both ways.'
Past Residency Questions and Campaign Fallout
This is not the first time questions have been raised about Swalwell's residential status. Federal Election Commission records show that in his seven congressional campaigns, he has used a two-bed house address and later a PO box in Dublin, California. He was still using the PO box when re-elected in 2024—two years after signing the Washington, D.C. mortgage.
Gilbert attempted to confront Swalwell directly at a town hall in Santa Monica earlier this month but claims he was escorted out by 'three goons' before he could ask a question. 'I believe Swalwell recognized me and he was afraid of answering questions,' Gilbert stated.
The lawsuit adds a significant hurdle for Swalwell in an already crowded field of candidates, which includes Democrat Congresswoman Katie Porter and former Los Angeles Mayor Antonio Villaraigosa. The Secretary of State's office must now weigh the legal challenge as it prepares the ballot for the November election. Swalwell's office has been contacted for comment by the Daily Mail.
